[HISTORY: Adopted by the Township Committee of the Township
of Waterford 6-8-2022 by Ord. No. 2022-13. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The New Jersey Compassionate Use Medical Marijuana Act, P.L.
2009, c. 307 (approved January 18, 2010), codified at N.J.S.A. 24:6I-1
et seq.
An organization authorized through licensure issued by the
NJ State Department of Health and the Board of Medical Examiners to
perform activities necessary to provide registered qualifying patients
with usable marijuana and related paraphernalia in accordance with
the provisions of the Act. For the purposes of zoning, an ATC is the
interface between provider and patient and is synonymous with a Medical
Marijuana Dispensary. Medical marijuana cultivation and manufacturing,
shall only be permitted within the same structure or property as a
dispensary.
The definition as provided in section 2 of the New Jersey
Controlled Dangerous Substances Act, P.L. 1970, c. 226 (effective
January 17, 1971), codified N.J.S.A. 24:21-1 et seq.
Any person licensed or registered pursuant to the Act and
the Township of Waterford.
Encompasses all components of the industry as is consistent
with the Act. Accordingly, it shall mean any business involved in
cultivating, manufacturing, distribution, sales, or testing of medical
marijuana.
A building, structure, or premises used for the cultivation
or storage of medical marijuana. Includes the planting, propagating,
cultivation, growing, harvesting, labeling or manufacturing, compounding
and storing of medicinal marijuana for the limited purpose of this
chapter. A cultivation center may only be physically on-site and associated
with licensee's ATC medical marijuana dispensary. When connected-to,
or part of, the same property by which an ATC dispenses from, it is
considered part of the ATC. This includes greenhouses, commercial/industrial
warehouse setups, hydroponic systems, etc.
An ATC facility that acquires, possesses, sells, distributes,
transmits, gives, dispenses, or otherwise provides medical marijuana
to qualifying patients.
Facility involved with compounding, making, and processing
of medical marijuana in all forms including those that involve food
handling.
The program within the Department of Health, which is responsible
for the administration and implementation of activities related to
the Act.
The acquisition, possession, transport or use of marijuana
or paraphernalia by a registered qualifying patient as authorized
by the Act.
The definition as provided in N.J.S.A. 2C:36-1.
The documents issued by the Department of Health pursuant
to this chapter granting the legal right to operate as an alternative
treatment center for a specified time.
The Medicinal Marijuana Program within the Department of
Health, which the mailing address is P.O. Box 360, Trenton, NJ 08625-0360.
The dried leaves and flowers of the female marijuana plant,
and any mixture or preparation thereof, but does not include the seedlings,
stems, stalks, or roots of the plant.
The co-location or combination of the following activities
related to the production of usable marijuana for qualifying patients
within a single corporate entity: cultivation, manufacturing, and
dispensing.
A.
The application shall be issued as set forth in this chapter and
shall be in accordance with the laws, rules and regulations set forth
in this chapter and all other applicable laws of the State of New
Jersey or the United States. The application fee is $1,000 and is
nonrefundable. An application must be filed with the Township in order
to receive a resolution of support/letter of support from the Township
in accordance with the requirements of this chapter. The application
form shall be established by Township resolution.
B.
Initial issuing authority. Subject to the authority of the Cannabis
Regulatory Commission to approve and issue cannabis licenses authorized
by law, any applicant desiring to conduct business as an alternative
treatment center within the Township shall apply to obtain a license
from the Township Committee.
C.
All licenses are conditional uses in the zoning districts identified
in this chapter by the Township.
(1)
Upon receipt of a license application and the payment of the appropriate
fee, the Township shall issue a letter to the applicant that said
license is subject to a conditional use variance to be issued by the
Township Planning/Zoning Board and that the applicant has paid the
Township fee for such a license and upon receipt, that letter shall
be sent to the applicant to file a conditional use application for
the type of business requested by the applicant in accordance with
the Township Planning/Zoning Board rules, regulations and fees.
(2)
If the Township Planning/Zoning Board approves the conditional use,
a memorializing resolution shall be issued by it to the Township Committee
indicating that the applicant has satisfied the conditional use requirements
for an alternative treatment center, which approval shall be subject
to any other requirements set forth in this chapter.
D.
No person shall in any manner produce, sell, dispense or distribute
cannabis or any cannabis product within the Township without first
having obtained a license in accordance with the New Jersey Cannabis
Regulatory Commission rules and regulations and the rules and regulations
established in this chapter.
E.
The applicable fee established for each permitted license herein
is $1,000 for each Township license. The license fee is separate and
apart from the application fee. Licenses are required to be renewed
on an annual basis for a fee of $1,000 for each Township license.
A.
The number of alternative treatment center dispensaries permitted
within the Township shall be two. The center may also have a retail
business license which is a separate conditional use and subject to
the same Township approval process for all retail licenses. A retail
business license in an alternative treatment center is in addition
to the two permitted retail business licenses in the Township's
Cannabis Ordinance.
B.
Distance between alternative treatment center dispensaries drug free
school zones. Alternative treatment centers shall be located at a
minimum of 1,000 feet from drug free school zones as defined in the
statute. Measurement to be conducted in a straight line from the nearest
property line of the land used for the school to the nearest portion
of the building in which the medical marijuana center is located.
C.
No permitted alternative treatment center shall:
(1)
Be any closer than 250 feet from any behavioral health care facility
or residential medical detoxification center.
(2)
Be any closer than 150 feet from a residential district or use.
(3)
Be located within 500 feet of the property line of any existing church,
private school, college, childcare center, or any existing public
park.
(4)
Measurement of distances shall be conducted in a straight line from
the nearest property line to the nearest portion of the store, area,
or building where the cannabis related business is located.
(5)
No alternative treatment center shall be located within 1,500 feet
of another permitted cannabis business which shall be measured in
a straight line from the nearest portion of the building in which
the center is proposed to be located to the nearest portion of the
building in which the other center is to be located.
D.
Distance between alternative treatment centers. No alternative treatment
center shall be located within 1,500 feet from any other alternative
treatment center, which shall be measured in a straight line from
the nearest portion of the building in which the center is proposed
to be located to the nearest portion of the building in which the
other center or the retail marijuana store is located.
E.
In the event more than two applications for an alternative treatment
center of the same classification are submitted to the Township in
close proximity to one another, and if the applications comply with
all the requirements of this chapter and the NJ State Department of
Health and the Board of Medical Examiners, the Township shall first
review for approval the application that was first submitted and determined
to be a complete and compliant application by the Township.
A.
Alternative treatment center (dispensaries). Alternative treatment center dispensaries shall only be permitted to be located within the following zones in accordance with this Chapter 176 of the Township Code "Land Use, Development and Zoning." Zones permitted include:
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PHB
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Planned Highway Business District § 176-126.
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B.
Vertical alternative treatment center (dispensaries/cultivation and manufacturing) facilities. Vertical alternative treatment centers include dispensary, cultivation and manufacturing. Accordingly, they shall be permitted as one facility to be located within the following zones in accordance with this chapter and Chapter 176 of the Township Code "Land Use, Development and Zoning." Zones permitted include:
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PHB
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Planned Highway Business District § 176-126.
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NOTE: Vertical alternative treatment centers (dispensaries)
and cultivation and manufacturing facilities may be located along
major road frontages provided that any retail component is located
on the frontage.
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C.
Restrictions on mobile facilities and delivery of marijuana products
to patients. No such services shall be permitted unless expressly
permitted by the NJ State Department of Health and the Board of Medical
Examiners pursuant to the type of licensure the facility processes.
D.
Operation. Alternative treatment center dispensaries shall limit
their hours of operation to 8:00 a.m. to 10:00 p.m., Monday through
Sunday, or as otherwise provided in any conditional use approval and
Township license.
A.
The cultivation of medical marijuana plants shall not be permitted
on exterior portions of a lot. The cultivation, production or possession
of marijuana plants within a building or unit must not be perceptible
from the exterior of the building or unit from a street or residential
use. Such use shall adhere to the bulk standards of the underlying
zoning district.
B.
Samples of medical marijuana products offered for sale may be displayed
on shelves, counters and display cases. All bulk marijuana products
shall be locked within a separate vault or safe (no other items are
permitted in this safe), securely fastened to a wall or floor, as
approved by the state agency having jurisdiction over cannabis sales.
C.
An alternative treatment center may sell "marijuana paraphernalia"
as that term is defined and pertains to patients only and shall be
exempt from the prohibitions contained in any other section of the
Zoning Code.
D.
You must have an active MMP identification card from the NJ Department
of Health in order to enter any alternative treatment center.
E.
No person without a MMP card is permitted to pick-up a prescription.
F.
Alternative treatment centers must limit signage to text on external
signage, labeling, and brochures. Use of graphics shall be limited
to the logo for the business so long as it does NOT include a cannabis
plant leaf and outward glorification of marijuana consumption.
G.
Alternative treatment center signage shall not display on the exterior
of the facility or windows advertisements for medicinal marijuana
or a brand name except for purposes of identifying the building by
the permitted name.
A.
Security systems must be in place, along with a 24/7 recording system
that records for a minimum thirty-day archive. This system shall be
shared with local law enforcement via web browser. Outside areas of
the premises and the perimeter shall be well lit. The Township Police
Department shall be provided the name and phone number of a staff
person to notify during suspicious activity during or after operating
hours. Security staff is required on the premises during all hours
of operation. Additionally:
If co-located with a medical marijuana cultivation premises,
the area of the proposed licensed marijuana premises utilized for
cultivation shall be physically separated from the area of the premises
open to the public or to patients. Walls, barriers, locks, signage
and other means shall be employed to prevent the public or patients
from entering the area of the licensed marijuana premises utilized
for cultivation of marijuana.
A.
No products to be visible from public places. Marijuana plants, products,
accessories, and associated paraphernalia contained in any medical
marijuana business shall not be visible from a public sidewalk, public
streets or right-of-way, or any other public place. On-site storage
of usable marijuana shall comply with 21 CFR § 1301.72.
B.
No beer or alcohol on premises. No fermented malt beverages and no
alcoholic beverages, shall be kept, served or consumed on the premises
of a medical marijuana business.
C.
Storage of products. All products and accessories shall be stored
completely indoors and on-site.
D.
Consumption of marijuana prohibited. No consumption or smoking of
any medical marijuana products shall be allowed or permitted on the
premises or adjacent grounds of a medical marijuana business.
E.
Storage of currency. All currency over $1,000 shall be stored within
a separate vault or safe (no marijuana in safe), securely fastened
to a wall or floor, as approved by the by the state agency having
jurisdiction over cannabis sales.
A.
Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids and other substances from exiting the business premises
shall be provided at all times. In the event that any debris, dust,
fluids or other substances shall exit the business premises, the property
owner and operator shall be jointly and severally responsible for
the full cleanup immediately.
B.
Businesses shall properly dispose of all materials and other substances
in a safe and sanitary manner in accordance with state regulations.
C.
As applicable, medical marijuana businesses shall be equipped with
ventilation systems with carbon filters sufficient in type and capacity
to eliminate marijuana odors emanating from the interior to the exterior
of the premises discernible by reasonable persons. The ventilation
system must be inspected and approved by the Construction Official.
D.
If carbon dioxide will be used in any cultivation area, sufficient
physical barriers or a negative air pressure system shall be in place
to prevent carbon dioxide from moving into the ambient air, into other
units in the same building or into an adjacent building in a concentration
that would be harmful to any person, including persons with respiratory
disease and shall be inspected and approved by the Construction Official
and the Fire Official.
E.
All state regulations concerning ventilation systems shall be followed.
A.
Compliance with other codes. All medical marijuana businesses shall
comply with all zoning, health, building, fire, and other codes and
ordinances of the Township as shown by completed inspections and approvals
by the Construction Official, Fire Official, and the Health Department,
as applicable.
B.
No harm to public health, safety or welfare. The licensed marijuana
business premises and adjacent grounds of a medical marijuana business
shall be operated in a manner that does not cause any substantial
harm to the public health, safety and welfare.
A.
At the time conditional use and site plan approval is granted, amended,
or a major change to a medical marijuana business is approved, the
Township may impose on the applicant reasonable conditions related
to the proposed use that is necessary to protect the public health,
safety or welfare, including but not limited to the following:
(1)
Additional security requirements;
(2)
Limits and requirements on parking and traffic flows;
(3)
Requirements for walls, doors, windows, locks and fences on the licensed
marijuana premises and adjacent grounds;
(4)
Limits on medical marijuana products that may be sold;
(5)
Requirements and limits on ventilation and lighting;
(6)
Limits on noise inside the licensed premises or on the adjacent grounds;
(7)
Prohibitions on certain conduct in the medical marijuana business;
(8)
Limits on hours of operation.
A.
Grounds for suspension or revocation. Any license granted or issued
pursuant to this chapter may be suspended or revoked by the Township
Committee after notice and hearing for any of the following causes:
(1)
Any fraud, misrepresentation, or false statement made in the application
for a license or in any application presented to the Township Planning/Zoning
Board.
(2)
Any violation of this chapter or the Township Cannabis Ordinance.
(3)
Any violation of the New Jersey Cannabis Regulatory, Enforcement
Assistance and Marketplace Modernization Act.
(4)
Any violation of the rules or regulations established by the Cannabis
Regulatory. Commission.
(5)
Any conviction of a licensee of any felony or misdemeanor involving
moral turpitude.
(6)
Conducting the business license under this chapter, through the applicant
himself/herself or any of its agents, servants or employees in any
unlawful manner or in such a manner as to constitute a breach of peace
or to constitute a menace to the health, safety or general welfare
of the public.
B.
Notice of hearing. Notice of hearing for suspension or revocation
of a license shall be given, in writing, by the Township Clerk setting
forth the grounds of the complaint and the time and place of the hearing.
Such notice shall be mailed by certified and regular mail, to the
licensee at the address indicated on the license application, at least
five days' prior to the date set forth for the hearing unless
the five-day notice would cause a threat to public health and welfare
in which case the Township shall take any reasonable action to notify
the licensee.
C.
Reissuance following suspension or revocation. The Township Committee
may issue another licensee to a person whose license has been revoked,
if, after the hearing it is satisfied by clear and convincing evidence
that the acts which led to the revocation or suspension will not occur
again; otherwise, no person whose license has been revoked, or any
person acting for him/her, directly or indirectly shall not be considered
for issuance of another license to carry on the same activity for
a period of 12 months.
D.
Suspension or revocation of a license shall be in addition to any
other penalty which may be imposed for a violation of this chapter
or for a violation of any state law.
E.
Proceedings for suspension or revocation of any license shall be
in accordance with such rules and regulations that may be adopted
by the Cannabis Regulatory Commission, or in lieu thereof, the Township
Committee.
F.
Penalty for violation. Any violation of the provisions of this chapter
shall be punishable by a civil fine of up to $2,000. Each day that
a violation is committed, exists or continues shall be a separate
and distinct offense. In addition, any violation of the provisions
of this chapter, or any conditions imposed on the licensee may result
in the revocation or suspension of the license.
All ordinances or parts of ordinances inconsistent with this
chapter are hereby repealed to the extent of such inconsistency.
If the provisions of any section, subsection, paragraph, subdivision,
or clause of this chapter shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate
the remainder of any section, subsection, paragraph, subdivision,
or clause of this chapter.
If the New Jersey Pinelands Commission finds any deficiency
with this chapter as relates to the Pinelands Comprehensive Management
Plan (CMP) as pertains to the zoning districts, the remaining portion
of this chapter shall remain valid and in effect upon adoption.
